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(영문) 서울동부지방법원 2018.01.12 2017고합331
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the father of the parent-gu of the victim C (V, 18 years old).

At around 08:00 on July 16, 2017, the Defendant discovered the victim who was walking the way before the 'E Center' in Gwangjin-gu Seoul Special Metropolitan City' to keep the 'E Center', put the victim on the left shoulder of the victim, and she has a long time.

Many times have been rush.

milch tank is large, and Arhisher reduces money.

Of course

The phrase “conscept ..... only once”, and the victim who is a child or juvenile was forced to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Partial statements made to F in the police statement protocol;

1. Application of Acts and subordinate statutes to a report on investigation (verification of CCTV at a crime scene);

1. Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 298 of the Criminal Act concerning the relevant criminal facts;

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles exempted from an order to disclose or notify information ( there are special circumstances under which the disclosure of personal information may not be disclosed in light of the following: the Defendant’s age, risk of recidivism, motive, method, consequence and seriousness of the instant crime, seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the order to disclose or notify the information, the preventive effect of the sexual crime subject to registration that may be achieved due to such order, the effect of protecting the victims, etc.);

Where a conviction against a defendant who has registered new information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

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